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HomeMy WebLinkAbout1957-12-23-BOS-min 178 SELECTMEN'S MEETING December 23, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 23, 1957 at 7:30 P.M. Chairman James, Messrs . Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superinteddent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met for the drawing of three jurors. The following individuals Jurors were drawn for jury duty: Thomas J. Costello, 36 Allen Street; Manuel F. Silva, 73 Webb Street and Thomas D. Kennedy, Jr. , 124 Grant Street. Mr. Carroll retired. Hearing was declared open upon application of John H. Milliean for a license to maintain an under- Gasoline ground tank for the storage of 2000 gallons of gas- hearing oline on premises located at 93 Hancock Street. Notice of the hearing was published in the Decem- ber 12th issue of the Lexington Minute-man, abutters notified, and the application approved by Deputy Chief Belcastro. Mr. Milliean was the only person present at the hearing. He explained that he had a tank which is twenty-five or thirty years old and he would like to replace it, at the same time increase the capacity. Upon motion of Mr. Reed,, seconded by Mr. Maloney, it was voted to grant a license to Mr. John H. Milliean to maintain one underground tank for the storage of 2,000 gallons of gasoline on premises located at 93 Hancock Street. Mr. Milliean retired. Upon motion of Mr. Maloney, seconded by Mr. Reed, Tax title it was voted to sign a deed, preparecLimpTrowArepounsel, conveying tax title lots 534 and 53 o ra Holton and Nisha Holton, h/w, 14 Trotting Horse Drive, Lex- ington. Mr. Stevens explained that in 1948 a contract was let to Daddario to construct North branch of Vine Brook sewer, stating that is the one that goes over Marrett Road. The contract was dated October, 1948, and it was supposed to be completed by July, 1949, and was for $13,606.75. Mr. Daddario got behind in 179 II his work and in July/hoe ceased all operations. He said the bonding company wa the Continental Casualty and it was assumed under the b nd that the company would come in and finish the work. demand was made and they refused, stating the Town shou d go ahead as they were not going to do the actual wor but only pay the cost. The result was that Metcalf & ddy had to draw a new contract, readvertise and in D comber the contract for the remaining part of the work was awarded to Raimo and the Continental Casualty Company were on Raimo's bond as the result of some negotiating. The work went along and Raimo got into financial difficulties and did not pay any salaries. The Continental Casualty Company came in and ran the jo . Raimo had all kinds of claims against him and ende up in bankruptcy, Mr. Stevens said the Town has bee from then until now trying to get straightened out with the Continental Casualty. He stated that all court cases, with the Raimo and exception of one involving the insurance company- and Daddario the Town, have been disposed of, He said that all the trustee processes have been taken care of one way or another and he thought ,he Town is now in a position where it can complete settlement, and there are sufficient funds available , He said he thought I the best way is first with Rai o who came in and fin- ished up the work Daddario was eupposed to do. The final estimate of Raimo's work was $56,866,68. There were things he had to do to co:^rect work Daddario had not done properly. Out of the $56,866.68, the Town retained 2% as the surety for R one-year guarantee. That was due December 5, 1951 and never paid. There was $25 a day for seventy-five days , a total of $1875 liquidated damages. The Town aeld out for claims $17,056.10. There was another item not in the final estimate but which should have been, as he agreed to do it, and that was $383. He said that there is 3,276.43 to be paid and it should be paid to the Continental Casualty Company as the assignee of Raimo and that will close the Raimo contrat. Mr. Stevens referred to the Daddario contract and explained that Metcalf & Eddy' s engineering fees for new plans, etc.s was $2,472.62. Mr. Stevens had the bonding company attorney approve every payment before it was made and accept it as a valid claim. The cost of extra work by Raimo was $6,972.82, and the additional amount paid Raimo over and above what would have been paid to Daddario was $332,26. He said liquidated damages were charged from August 1, 19L.9 to September 5, 1950, the date in Raimo's contract as extended, at 1111 $25 a day, $8,375, attorney's fees $3,500,, a total. of 180 mc $21,652.70. He reported that he was able to estab- lish that the liquidated damage fee was less than amounts paid to Metcalf & Eddy for supervision. Finally they agreed to all except the attorney's fees. There was nothing in the contract that said in addition to slaking good loss and damage that they would have to pay attorney's fees. He said he did not feel this is something the Board should insist on. He explained the total value of work Daddario performed was $81,785.65. (Mr. Reed left the meeting at 7:50 P.M.) Daddario was paid $59,148.25 leaving a balance of $22,637.40 and deducting from that the damages and expense the Town estimated of $21,652.70, it leaves the Town owing $981..70 having taken out this attorney's fees. Putting that back gives an amount of $4, 484.70 and that is the amount the surety company is willing to accept . Mr. Stevens said he thought it should be paid. He explained that he insisted that the company give the Town an agreement that it will indemnify and save the Town harmless by claims of Daddario up to the amount of $4,484.70, and this means both these contracts will finally be taken care of. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to authorize payment of $3,276.43 to the Continental Casualty Company, Assignee of Joseph Raimo, d/b/a/Raimo Contracting Company and payment of $4,484.70 to the Continental Casualty Company Assignee of Attilio D. Daddario. Mr. Stevens retired at 8:05 P.M. Mr. Donald Jenkins, Jr. and Mr. Roger T. Westcott met with the Board relative to acceptance of Dane and Foster and Sherburne Roads. Mr. Westcott said that he had talked to a number of people on Sherburne Road, but they are not in favor. One man is deftnitely in favor but he does not want to sign the petition alone, representing Sherburne Road. Dane, Foster Mr. Jenkins said he took the Board's sugges- add Sherburne tion that one signature might help, but he could not Roads get more than one, and that one individual does not want to be the one that might result in acceptance. Mr. Tucker asked if the people objected be- cause of the cost involved and Mr. Jenkins replied in the affirmative. Mr. Jenkins said that the situation the people on Sherburne Road are in is the situation he doed not want tit) be in. ' 181 Mr. Westcott said he feel: he does not want to contact all of the people. The Chairman said he did not see how the Board could recommend acceptance of Sherburne Road to the Town without a substantial number of people on the road wanting it. He said that some years past this might have been all right, but now the Town Meeting members have the attitude if it is not really nec- cessary, they will not approve the money. Mr. Jenkins asked if there would be any Money involved and the Chairman replied that there very definitely would, as Sherburne Road has not been con- structed. Mr. Jenkins asked if the 'Down would have to approve money to rebuild Sherburne Road and if it would be assedded to the people on the road, and the Chairman replied in the affirmative. Mr. Jenkins asked if it was possible to ac- cept it and built it later. The Chairman replied in the negative and explained that it must be built to Town specifications and approved by the Town Engineer before it can be accepted. Mr. Westcott said his street would never be acepted until Sherburne Road is accepted, and II the Chairman said he was substahtially correct. He said the Board would have to look at its street construction requests and determine whether or not it would be a good gamble to try to do this in light of the entire financial picture. He said the Board could recommend acceptance of the street if it appears in the public interest but when money is tight, it takes a high degree of public interest. He said the Board would take another look at it when the budgets for 1958 have been discussed and see whether or not this has a reasonable chance.. He explained that it will not be necessary to contact the Board again and if the Board decides to re- commend this, there will be a public hearing, which there has to be , and all property owners will be notified. At the hearing, they will have an op- portunity to approve or disapprove the recommenda- tion. Messrs. Jenkins and Westcott retired at 8:10 P.M. A Mr. Ruggerio, who said he lived .on Marrett Road, met with the Board, and said he tas inter- ested in talking to the Board about incineration. Public He said he has looked into the possibility of es- tablishing a public incinerator in one of the towns nearby. He has talked to the towns relative to the 189 .4 possibility of burning their rubbish and garbage and has been very well received, and would like to know is Lexington would be interested. He said the more communities he could get, the lower the price would be per ton. The Chairman said he could say that no one on the Board is disinterested in it and he would like to hear sore about it. Mr. Ruggerio said that he does not have an in- cinerator built and is aware of the legislation that was passed in which cities and towns can contract for the disposal of rubbish and it was because of that, he made a study. He said he has a location at Exit 35 off Route 128 in Burlington. It is an industrial tract of land and that is where he proposes to locate the incinerator, This will give access to a group of communities along the highway and the rubbish can be hauled without going through other cities and towns. He has looked into equipment, priced it and has layouts . Now he wants to talk to interested communities so he can determine the amount tb be burned and then he can discuss price and any other items the town wants to know. He said he would locate depots in one or two places in the town and will deliver a trailer to the depot and have a ramp going to it so the people can dump their rubbish and garbage into the depot. He said he would leave a trailer which would be covered and post a bond guaranteeing that he will live up to everything he says. He said as far as tonnage Is concerned, in the United States, the per capita rubbish collection is three pounds per person. Mr. Gayer asked if there was a plant of this type in operation now and Mr. Ruggerio replied in the negative. He said if the Town was considering the possibility of operating an incinerator, the Board might look into this as it is rather expensive for a city or town not only from the amount of money to be invested but also from the operating point of view. He said the Town could not hope to operate more than eight hours a day and he will burn sixteen or twenty hours. He said he thought they were working ten or twelve hours a day in Newton. He explained that there are no privately Awned incinerators in this area, but there are through New 4ersey, Mayland and they are doing a good job. Mrs. Morey asked if he proposed no pickup service, and Mr. Ruggerio replied in the affirmative. He said they might select a site like Lincoln Street, build a ramp twelve feet high and bring a trailer to the end of the ramp. The trailer is thirty feet long and would be backed in alongside the ramp. 118 The people would walk up the ramp and dump directly into the trailer. When the trailer is filled, an empty one would be delivered and remove the full one. He said the partially filled trailer would be taken away every night so there would be no garbage running over. He stated that the idea is to find out if Lex- ington is interested in this because he definitely has towns that are interested. If he can determine the amount of rubbish he can burn and set up the plant accordingly, he would burn twenty-four hours a day. Mr. Tucker asked about garbage and Mr. Ruggerio replied that he would not pick it up. He said the Town might want to work its own collection system in which case it could collect and al-larger trailer could be rbought to the same ramp. The truck could be backed up on the ramp and he would take the mix- ture of garbage and rubbish. Mr. Maloney asked why the garbage could not be dumped at the plant and Mr. Ruggerio said he wanted to eliminate trucks coming into the place as he would have no control over them. He prefers to take care of the plant operation himself and dump the material in a receiving pit. Mr. Maloney $eked if he wanted complete control of the plant and Mr. Ruggerio replied in the affirma- tive. He said the distance does not mean anything as it is only down about four miles . Mrs. Morey asked if the location was the Acme Sand and Gravel and Mr. Ruggerio replied that he operates that and he expects he will continue . This is a new enterprise and eventually he may dispose of the gravel interest. Mr. Ruggerio explained that he does not expect to quote a price as he doesn't have a price. He just wants to get the Board 's reaction. He said in two or three weeks, he will have Some commitments and at that time, he can discuss price. Mr. Gayer asked how soon the plant would be in operation, and Mr. Ruggerio replied that he has con- sulted with his attorney and feels he may have to have a special permit from the Town of Burlington before he can proceed to construct the plant which will cost a substantial amount of money. He said if everything goes according to schedule, he should have an incinerator in operation by September of 1958. Mrs. Morey said she assumed he had taled to other communities. Mr. Ruggerio stated that Winchester has a com- mittee on incineration and that committee is holding up its report until it has talked With him. 184 Mr. Ruggerio said the serious problem is garbage with the piggeries being pushed out of business. Mrs. Morey asked how he would handle brush and Mr. Ruggerio said anything that can be handled in a trailer he would prefer to have dumped at the depot. He said stumps and boulders were not much of a problem and the Town may have its own dump to receive theft. have said that type of rubbish would h ve to be decided upon when they get down to talking about how he can do it and what he does, He said that he would not run an open dump. The Chairman said he thought this was a subject the Board would like to discuss and it should be con- sidered in the light of the problems it will bring to the Town. Mr. Ruggerio said he would not say he has the answer, but he thought he could offer incineration far less than any Town could do it. He said a Town could not put up a steel structure covered with al- uminum such as he could. The Chairman said he thought the Board should discuss the subject and then advise Mr. Ruggerio by letter what it would like to have him do. Mr. Ruggerio retired at 8:35 P.M. Upon motion of Mr. Tucker, seconded by Mr. ' Maloney, it was voted to grant the following licenses: Licenses Mrs. Sidney B. Heywood 271 Marrett Rd. Common Viet. Renl. Geoffroy's Pharmacy 316 Marrett Rd. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to approve petitions and sign orders for Pole the following j/o pole locations, all having been ap- locations proved by Mr. Gayer. Waltham Street, easterly side approxi- mately 20 feet south of Allen Street, One pole One existing j/o pole to be removed. Waltham Street, easterly side northerly from a point approximately 710 feet north of Allen Street, Eight poles Eight existing j/o poles to be removed. Waltham Street, easterly side northerly from a point approximately 550 feet nath of Blossom Street , 185 Two poles Two existing j/o poles to be removed. Utica Street, southeasterly side north- easterly from a point approximately 55 feet northeast of Woburn Street, Four poles Boulder Road, easterly from a point ap- proximately 45 feet east of Blake Road, Four poles Adams Street, northwesterly side south- westerly from a point approximately 785 feet southwest of Westwood Road, Eleven poles Eleven existing j/o pOles to be removed. Adams Street, northwesterly side south- westerly from a point approximately 25 feet southwest of Westwood Road,. , Five poles Five existing j/o poles to be removed. Notice was received from the Department of Natural Resources advising that the Town of Lexing- Dutch elm ton's determined financial liability for 1955 Dutch and Elm disease control is 0,200 and control and sup- Insect Sup. pression of other public nuisances is $6,500. Mr. Gayer said that when Mr. Charles Brenton re- signed, Mr. Mazerall was never officially appointed to replace him. He would now like the Board to ap- Appointment point him. The Chairman asked if this was a requirement of the Commonwealth and Mr. Gayer replied in the affirmative. Upon motion duly made and seconded, it was voted to appoint Paul Mazerall Superintendent of Pest Control to fill the vacancy caused by the resignation of Mr. Charles H. Brenton. The Chairman read a letter from Mr. Greeley relative to a study, which he said the Board asked him to make, for planting for the Town Hall Group of Buildings. Mrs. Morey said that there has to be some plant- ing and she thought it unfortunate that the layout of the building is such as it is. 186 0-c She said she thought the townspeople were under the impression they were voting a second Town Office Building and now everything in the way of an office has to go in the back door. She said the Main stair case is being shut off from public use and the townspeople are supposed to ge in the back door. Mr. Maloney said he thought that would be the proper way for them to go in particularly when they Landscaping ehter from the parking area. Town Office Mrs. Morey said that since it has been done Building that way, she thought there should be a black Walk laid from the front door to the back door so the people will not have to go all the way around, and this will affect the outdoor work. Mr. Maloney said there will be a sign at the door, and Mrs. Morey said there should be a walk connecting the front door and the back door. She asked if a gate could be put across , with police control, at the stairs going down to the cell block which would keep the public from going down the stairs . Mr. Maloney said he did not think the plan submitted by Mr. Greeley is what the Board wants . The Chairman suggested that the work be done by the Park Department. Mrs. Morey said she does not like the public being excluded from the main stairs of the new )j office building and she thought another walk was needed and the Board should tell Mr. Greeley that the planting is not to be done. The Chairman read a letter from Mrs. Rich, Tax Collector of Taxes, with reference to the office Collector' s vacated by the Assessors. She would like a new Office counter at the cashier's window, new grille work, the light over the present cashier's window moved and to retain the vault which she is now using, to be used with the one in the Assessor's office. The Chairman reported that he told Mrs . Rich the office would be refurbished and said he would not talk to Mr. Carroll about his requirements as he claims he too needs more vault space. Further consideration was given to tax title Lot 19, Block 18, Reed Street, which Mrs. Catherine V. Kelly, who owns lot 18 wants to purchase and which Tax title Mr. Edwin A. Wheeler, who owns lots 20 and 21 wants to purchase . The Chairman said he would be in favor of sell- ing the lot to Mrs . Kelly because otherwise she would be left with only one Small lot. It was agreed to advise Mrs. Ktlly that the Board has established the price of $200 and to ask her if she is Willing to pay that for it. 187 The Chairman referred to Mr. Zitso and his pro- posed program for National Engineers ' Week and reported that four people have been contacted and are willing to serve on a local committee, namely, Robert Cave, Aiden Ripley, Harry McCormack, Assistant Principal, National and Mr. Freeman, who works for Yewell. He explained Engineers ' that it appears it is up to the Board to appoint Week these individuals to a committee to undertake this effort. He said that he had contacted Robert Sieg- fried as a fifth member, but he is on the M.I .T. Fund as a solicitor and that will be going on at the same time . Mr. Zitso has talked to these people and told them exactly what he explained to the Board, with the exception of Mr. McCormack, but he did talk to Mr. Smith. Mr. Maloney said if these people are willing to give their time, he would not be opposed. The Chairman was authorized to contact these people and officially ask them to serve on this com- mittee far the Town. The Chairman reported that the Chairman of the Recreation Committee talked to him the other day and so did the Fire Department. They wanted to know Skating what they should do when private citizens request that' areas they flood an area which they want for skating which will be for the entire neighborhood area, but on private land. Mr. Maloney suggested that the Board ask Town Counsel if the Town would be assuming any liability. The Chairman said that possibly the Board could make up a form for the people to signystating that the Town would flood the area initially but any fur- ther flooding, maintenance , snow sweeping, etc. , would be up to them and that the Town could not be held liable for any injury, damage or otherwise. Mrs. Morey asked if the Town was going to go around and flood every one of these places because four or five children are going to skate, or for a neighborhbod.. The Chairman explained that would be in the agree- ment. ' Mr: Tucker asked where the Board would draw the line and the Chairman ss.id they should agree to let any neighboring citizen use the area. Mr. Maloney said he thought the Board should limit the size of what the Town should flood. The Chairman agreed to contact Mr. Stevens on the subject. Mr. Gayer said he would like the Fire Department to obtain permission to open the hydrants so his department can protect them from freezing. The Chairman said he would discuss tb.is with the Fire Department. 188 0..c The Board discussed the suggestion recently made relative to the expenditure of $15 or $20 for an ex- III periment with the Selectmen's table and it was also agreed that the Selectmen and Clerk should have nane plates so that citizens meeting with the Board would know the members. It was also agreed to obtain in- dividual folders for the members of the Board with their names and possibly the Town seal, in which to keep the agenda. and any other letters, By-Laws or papers pertinent to the meetings. The meeting adjourned at 9:45 P.M. A true record, Attest: i o� ,,/ 0 �'xe • tive /Clerk Select n d' e r I I